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MinutesMINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC November 13, 2012 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Andrew Ruhland, Mary Jane Bartlett, Gunnar Henderson and Alternate Robert Doberstein. Planning Staff Present: Landon Chandler, Planner II; Matt Talbott, Planner I and Cathy Gardner, Recording Secretary. Chairman Scott Tripp gave the Invocation and Pledge of Allegiance. All witnesses were sworn in. Conditional Use 1. BA- CU- 25 -12. Surles, Hugh & Susan. Townhomes in a RA -30 Zoning District; Pin # 0670 -75- 9899.000 & 0670 -75- 7987.000; Neill's Creek Township; SR 1521 (Gregory Circle). Board member Gunnar Henderson brought to board's attention that he knew Hugh Surles, but they had no business relationship. Chairman Scott Tripp asked if it would sway his decision in anyway and Gunnar Henderson stated no. Chairman Scott Tripp asked if there was anyone there that had an objection to Mr. Henderson remaining on the case and there was none. Landon Chandler gave the site analysis and Hugh Surles, Tyrus Clayton represented the application. Chairman Scott Tripp asked for Landon to define a SNIA and Landon Chandler stated "Special Intensity Non - residential Allocation Permit." Chairman Scott Tripp questioned non - residential and Landon Chandler stated that all multi - family projects or apartment style are considered commercial and would have to go through commercial site plan review. Chairman Scott Tripp asked if the only reason it was before this board was he was asking for twelve units per acre rather than the nine allowed and Landon Chandler stated no, that multi- family was a conditional use in the RA -30 zoning district. Chairman Scott Tripp asked if outside of that the project met all other requirements and Landon Chandler stated yes. Chairman Scott Tripp stated that watershed had been mentioned a lot and does it meet watershed and Landon Chandler stated no. Then Landon Chandler presented the SNIA staff report and stated that the applicant is over the maximum allowed impervious percentage which is thirty six percent in the watershed. Landon Chandler stated that the UDO states that this board could approve the SNIA on a case by case basis with certain conditions. Chairman Scott Tripp asked what the maximum percentage was allowed under the SNIA and Landon Chandler stated seventy percent. Chairman Scott Tripp asked what percentage was the applicant at and Landon Chandler stated fifty -seven percent. Andrew Ruhland asked if allowing more units than what is in the UDO and Landon Chandler stated yes. Andrew Ruhland asked if the applicant owns any parking in the area and Landon Chandler stated they tried to purchase some more property to prevent this. Andrew Ruhland asked if staff had looked at all the numbers and Landon Chandler stated yes. Chairman Scott Tripp asked about open space and a certain amount has to be used for open space and Landon Chandler stated yes, that they have to set aside fifteen percent; also five percent has to be active recreation. Mary Jane Bartlett asked why the requirement for the watershed and Landon Chandler stated it was considered a critical area, so we don't have intense water flow. Mary Jane Bartlett stated that there is pervious parking for this lot and that the impervious parking is not the only option and Landon Chandler stated that was correct. Andrew Ruhland asked how many parking spaces per unit and Landon Chandler stated four. Chairman Scott Tripp asked if he could submit the application into the record and Hugh Surles stated yes. Chairman Scott Tripp asked what he was asking of the board and Hugh Surles stated asking for conditional use for a townhome development. Chairman Scott Tripp asked how it would impact the surrounding area and Hugh Surles stated it would provide housing for the college students. Chairman Scott Tripp asked for any additional information and Hugh Surles stated he wanted to do a townhome project to provide housing for the students, due to growth in the area and the college. Chairman Scott Tripp asked if he had done any projects of this type before and Hugh Surles stated he had done residential developments and duplex developments. Chairman Scott Tripp asked Tyrus Clayton about the notarized statement that there would be no impact to this area based on watershed and Tyrus Clayton stated yes and then explained. Andrew Ruhland asked if he seen any problems with Department of Transportation and Tyrus Clayton stated currently no. Andrew Ruhland asked if it would be college students staying there and Tyrus Clayton stated yes. Andrew Ruhland asked what the plans were for the fifteen percent open space and Hugh Surles stated for the five percent active recreation would be volleyball court, horseshoe pits, etc. Mary Jane Bartlett asked how many parking spaces are in the current design and Hugh Surles stated forty- eight. Mary Jane Bartlett asked why could not do pervious parking and Tyrus Clayton stated it cost more to do that, because you have to have the right soils. Mary Jane Bartlett asked why not reduce the number of units and Tyrus Clayton started out with fourteen and reduced down to twelve. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Andrew Ruhland stated that Campbell has grown tremendously over the years and with the new medical school coming to Campbell it is going to grow more. Andrew Ruhland stated that four parking spaces for a three bedroom home is high. Andrew Ruhland stated he thought that it was a good idea and they had a plan. Chairman Scott Tripp agreed that Campbell is growing and that they had approved several of these developments in the last couple of years. Mary Jane Bartlett stated she had a concern about setting precedence as far as intensity allocation, because this is the first one. Landon Chandler stated that they could make mention of the SNIA if this application is approved. The checklist was completed and Andrew Ruhland made a motion to approve the request with the conditions that the conditional use permit for the SNIA be approved. Robert Doberstein seconded the motion and there was a unanimous vote to approve the request. 2. BA- CU- 26 -12. Tart, Howard L- C/O Gale Pope Tart / Beacon Rescue Mission -Amos Love. A Turkey Shoot in an Industrial & Conservation Zoning District; Pin # 1525 -24- 4898.000; Averasboro Township; Hwy 421. Matt Talbott gave the site analysis and Amos Adam Love; Beacon Rescue Mission and Christopher Shane Phillips represented the application. Chairman Scott Tripp asked if it was on the Sampson County line and Matt Talbott stated he thought so. Mary Jane Bartlett asked about the back stop design and Landon Chandler stated it has to be inspected to make sure they meet the ordinance. Robert Doberstein asked if this permit was issued six months at a time and Matt Talbott stated yes. Landon Chandler stated that once the permit is pulled it is one hundred and eighty days from that date. Chairman Scott Tripp stated that the conditional use will be good, but they have to come and pull a permit every time they open and Landon Chandler stated yes. Applicants had to be sworn in. Chairman Scott Tripp asked if they could submit the application into the record and Amos Love stated yes. Chairman Scott Tripp asked what he was asking of the board and Amos Love stated to have a turkey shoot as a fundraiser for the Beacon Rescue Mission. Chairman Tripp asked how would impact the surrounding area and Amos Love stated it would not. Chairman Scott Tripp asked if they had any additional information and Amos Love stated the property had been used as a turkey shoot area and it is nothing unusual. Chairman Scott Tripp asked when the last time that property was used as a turkey shoot and Amos Love stated the property owner said a year or two ago. Chairman Scott Tripp asked his measure to have a safe turkey shoot and Amos Love stated that Shane Phillips was doing that. Chairman Scott Tripp then asked the same question and Shane Phillips stated they would put up all the backstops required by the county and National Rifle Association. Mr. Phillips stated they would be using steel shot instead of lead shot, so there is no impact to the environment. Chairman Scott Tripp asked if they would have the guns out of the way and you would not get a shell until you walk up to shoot and Shane Phillips stated yes. Andrew Ruhland asked about parking and Amos Love stated the parking would be closer to the road and the shooting will be by the buildings. Andrew Ruhland asked if they have done a turkey shoot before and Shane Phillips stated yes. Andrew Ruhland asked when they plan on doing the turkey shoot and Amos Love two weekends before Christmas, Friday and Saturday nights. Andrew Ruhland stated what times and Amos Love stated six to nine. Robert Doberstein asked what caliber gauge shotguns and Shane Phillips stated all calibers, but only shotguns. Robert Doberstein asked if he was supplying the shells and Shane Phillips stated yes. Mary Jane Bartlett asked how far the nearest residence was and Amos Love stated a long way. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Andrew Ruhland stated that the money could be put to a good use, no harm; UDO has regulations, shotguns only and hours 6 p.m. to 10:00 p.m. Mary Jane Bartlett stated she would like to standardize the hours and the caliber of the guns. Mary June Bartlett stated she likes steel shot and could we recommend on other turkey shoots. The checklist was completed and Andrew Ruhland made a motion to approve the request with the conditions that the hours of operation will be 6:00 p.m. to 10:00 p.m. on Friday and Saturday, no pistols only shotguns. Mary Jane Bartlett amended the motion to say that only steel shot be used and Andrew Ruhland stated he can't agree with it and requiring it would be the hard part. Andrew Ruhland stated it was not justifiable and he could not accept. Chairman Scott Tripp stated the original motion was still on the table and needed a second. Robert Doberstein then seconded that motion and there was a unanimous vote to approve the request. The minutes for the October 8, 2012 meeting were presented for approval. Andrew Ruhland made a motion to approve the minutes as written. Robert Doberstein seconded the motion and there was a unanimous vote to approve the minutes. The meeting was adjourned at 7:35 p.m. <• S tt pp, Chai Cathy Gardner/ ec ding Secretary Rick Foster, Vice Chairman Landon Chandler, Planner II Date